Marilyn Thomas purchased an installed pool heater from Sunkissed. The pool heater was delivered to Marilyn's residence, but the delivery slip was signed by Nancy Thomas. Marilyn did not know of anyone by that name. She called Sunkissed to advise the company to move the heater. The neighborhood was not safe, and she was worried that the heater would be taken. The heater remained in her driveway for approximately four days. When Marilyn noticed that the heater was no longer in her driveway, she again contacted Sunkissed, but she was told "not to worry." Who was responsible for the loss of the heater? Did Sunkissed actually "deliver" the heater to Marilyn? How do you think the court decided?
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